New York Personal Injury Attorney
Personal injury can be a life-altering event for those involved. The physical, emotional, and financial consequences can be devastating, whether it’s a car accident, slip and fall, or medical malpractice. That’s why it’s important to have an experienced personal injury attorney on your side.
At Marc L. Schwartz, P.C., we understand the challenges that come with personal injury cases. Our attorney, Marc L. Schwartz, has been fighting for the rights of injury victims for many years. He has the knowledge and expertise to help you navigate the legal system and get the compensation you deserve.
When you work with us, you can trust that your case will be handled with the utmost care and attention. We will work closely with you to understand the details of your case and help you build a strong legal strategy. Whether it’s negotiating a settlement or taking your case to trial, we will be by your side every step of the way.
What is Personal Injury?
Personal injury is a legal term that refers to any harm caused to an individual’s body, mind, or emotions as a result of another person’s or entity’s negligence or misconduct. Personal injury can happen in a variety of ways, including car accidents, slip and fall accidents, medical malpractice, and more. Personal injury can result in physical injuries, such as broken bones and traumatic brain injuries, as well as emotional distress, and financial loss such as medical expenses, lost wages, and pain and suffering.
If you or a loved one has been involved in a personal injury situation, it is important to seek legal representation as soon as possible. A personal injury attorney can help you understand your legal rights and options, and will work with you to build a strong legal strategy to get you the compensation you deserve.
Common Personal Injury Claims
Personal injury claims can arise from a wide variety of situations, but some of the most common include:
Car Accidents: Car accidents are one of the most common causes of personal injury. They can result from a variety of factors, including distracted driving, reckless driving, and driving under the influence. Injuries can range from minor scrapes and bruises to more severe injuries such as broken bones, traumatic brain injuries, and even death.
Slip and Fall Accidents: Slip and fall accidents can occur anywhere, whether it’s in a store, on a sidewalk, or in an office building. These accidents can happen due to a variety of reasons, such as wet floors, uneven pavement, or poorly lit areas. Injuries can include broken bones, head injuries, and back injuries.
Medical Malpractice: Medical malpractice occurs when a healthcare professional fails to provide the appropriate level of care to a patient, resulting in injury or death. Common examples include surgical errors, misdiagnosis, and birth injuries.
Product Liability: Product liability occurs when a manufacturer or seller produces or sells a product that is defective or dangerous, and as a result, causes an injury to a consumer. Injuries can range from minor to severe, and can include broken bones, burns, and even death.
Dog Bites: Dog bites can happen anywhere and at any time. They can happen due to a variety of reasons, such as an aggressive or untrained dog, or a lack of proper fencing. Injuries can include lacerations, puncture wounds, and even death.
These are just a few examples of the types of personal injury claims that can occur. It’s important to understand that each case is unique, and the specific circumstances of the incident will determine the type of compensation that may be awarded.
What Can I Do to Protect My Rights in a Personal Injury Claim?
If you have been involved in a personal injury incident, it is important to take steps to protect your rights and maximize your chances of receiving fair compensation. Below are some of the things you can do:
Seek medical attention: It is important to seek medical attention as soon as possible after an accident. This will ensure that any injuries are properly diagnosed and treated, and it will also create a record of your injuries that can be used as evidence in your claim.
Gather evidence: Collect any evidence related to the incident, such as photographs of the scene, contact information of any witnesses, and any documentation, such as medical records or police reports.
Keep a record of expenses: Keep track of any expenses you incur as a result of the incident, such as medical bills, lost wages, and other out-of-pocket expenses. This will help you to calculate the total amount of compensation you are entitled to receive.
Consult with a personal injury attorney: Consult with a personal injury attorney as soon as possible. An attorney can help you understand your rights, build a strong legal strategy and negotiate with insurance companies.
What Types of Compensation Are Awarded in a Personal Injury Claim?
In a personal injury claim, the injured party may be entitled to various types of compensation for the harm they have suffered, including:
Medical expenses: This includes all costs related to medical treatment for injuries sustained in the accident, such as hospital bills, doctor’s visits, and therapy.
Past, Present and Future Lost wages: If the injury has resulted in the individual being unable to work, they may be able to claim compensation for lost income.
Pain and suffering: This covers the physical and emotional distress caused by the injury, such as physical pain, emotional trauma, and loss of enjoyment of life.
Property damage: If any personal property was damaged in the accident, the individual may be able to claim compensation for the cost of repair or replacement.
Future expenses: In some cases, the injured individual may incur future expenses related to the injury, such as ongoing medical treatment or rehabilitation.
It’s important to note that the amount of compensation awarded in a personal injury claim can vary depending on the specific circumstances of the case, and each case is unique.
Statute of Limitations
The statute of limitations is the time frame in which an individual must file a legal claim. The statute of limitations for personal injury claims in the state of New York is generally three years from the date of the incident. This means that if you wish to file a personal injury claim, you must do so within three years of the date of the incident that caused your injuries.
It’s important to note that there are some exceptions to this rule. For example, in cases of medical malpractice, the statute of limitations may be extended to two and a half years from the date of the malpractice. In cases involving a minor, the statute of limitations may be tolled, or paused, until the minor turns 18. Lastly, if your personal injury claim involves a local, state or federal government entity or municipality, you only have 90 days to file a notice of claim.
We always recommend consulting with a personal injury attorney to understand the specific statute of limitations for your case. If you miss the statute of limitations, you may be barred from pursuing legal action.
Contact Marc L. Schwartz, P.C.
We understand that every case is unique, and that’s why we take a personalized approach to each of our clients. We will take the time to listen to your story and help you understand your legal options. We will also work with you to set realistic expectations for your case and keep you informed throughout the process.
If you or a loved one has been injured in an accident, don’t hesitate to contact Marc L. Schwartz, P.C. for help. We will work tirelessly to help you get the compensation you need to move forward with your life. Whether you’re dealing with medical bills, lost wages, or other expenses, we can help you get the financial support you need. Contact Marc L. Schwartz, P.C. today to schedule a consultation and learn more about how we can help you.
Let Marc L. Schwartz, P.C. Handle Your Claim
If you or someone you love has been injured due to someone else’s negligence, don’t wait to seek justice. Let Marc L. Schwartz fight for you. Time is of the essence in these types of cases, so don’t delay. Take action now and get the help you deserve.